One aim of the recent Home Affairs Committee Prostitution Inquiry seems pretty clear. The first question contributors were asked to answer is ‘whether criminal sanction in relation to prostitution should continue to fall more heavily on those who sell sex, rather than those who buy it’. This leading formulation offers a choice between two modes of criminalisation rather than asking about all possible legal models, and situates the criminalisation of sex workers and their clients as separable when in reality they are not. There are numerous negative consequences of the so-called ‘Nordic Model’ criminalising sex workers’ clients in an effort to ‘end demand’ for sexual services. Research from countries where ‘end demand’ frameworks have been enacted (including research by government agencies) has clearly shown that criminalising sex workers’ clients is a de facto criminalisation of the sex worker and creates a number of additional risks, especially for sex workers who are already marginalised.
Here is an indicative (but not exhaustive) list: if you want to find out more about this issue, do follow up some of the references. There are also some excellent briefing papers which include research references and testimony from sex workers affected by these laws, for instance by SCOT-PEP and the Sex Worker Open University.
Under the ‘Nordic Model’:
- Sex workers can experience greater harassment due to the policing of clients on the street (Norwegian Ministry of Justice and Police Affairs 2004).
- Stigma against sex workers increases, which puts them at risk of violence from clients and community retribution (this stigma has been explicitly positioned as a positive effect of the Swedish legislation, since it is thought it will deter people from entering the sex industry – see Skarhed 2010).
- Sex workers can be displaced to outlying areas or more secluded times, for client protection, which creates additional risk (Hester and Westmarland 2004, Crago 2008, Kinnell 2008, Krüsi et al 2014, Lyon 2014).
- There is increased competition between those selling sex on the street, due to a reduction in those willing to buy publicly (Norwegian Ministry of Justice and Police Affairs 2004, Swedish National Board of Health and Welfare 2007, Levy and Jacobsson 2014), and this can lead to a depression in wages (Chu and Glass 2013-14).
- Higher risk services (such as unprotected sex) are often offered due to lack of client choice, less bargaining power, and needing to negotiate more quickly with clients who may fear arrest (Norwegian Ministry of Justice and Police Affairs 2004, Hester and Westmarland 2004, Swedish National Board of Health and Welfare 2007, Krüsi et al 2014, Levy and Jacobsson 2014, Lyon 2014, Norwegian Ministry of Justice and Public Security 2014).
- Some sex workers may engage in theft to make up for lost earnings (Levy and Jacobsson 2014), and are thereby criminalised by other means.
- Clients become less willing to give sex workers their contact details, which is an important safety measure (Levy and Jacobsson 2014), or insist on ‘outcalls’ rather than services being provided in venues familiar to the sex worker (Norwegian Ministry of Justice and Public Security 2014, ScotPEP 2015).
- There are often prohibitions on sex workers working together, which is another key safety strategy, or on ‘benefiting from the proceeds’ of prostitution; this latter can criminalise sex workers’ partners or prevent sex workers from cohabiting with them (Chu and Glass 2013-14).
- Sex workers can become more reliant on potentially exploitative managers and third parties due to clients being less willing to negotiate the purchase of sex directly (Norwegian Ministry of Justice and Police Affairs 2004, Swedish National Board of Health and Welfare 2007, ScotPEP 2015).
- Criminalisation deters clients who do not wish to commit a crime, but is less likely to deter clients who intend to abuse sex workers. Criminalising clients is likely to increase the proportion who are aggressive or dangerous, especially those who are purchasing sex on the street (UNAIDS 2009, ScotPEP 2015).
- There are effects on the provision of services, with sex workers having to conform to the narrative of the disempowered victim in order to access support (Danna 2012, Levy and Jacobsson 2014) and an increased belief that safety and rights are contingent on exiting the industry (Scoular and Carline 2014). Swedish support services do not operate with a ‘harm reduction’ model, which means that condoms are infrequently distributed or their distribution is even opposed as it is thought to ‘encourage’ prostitution (Chu and Glass 2013-14).
- There are effects on relations with police, with sex workers reluctant to report dangerous or violent clients due to concerns over a loss of their livelihood (Krüsi et al 2014, Amnesty International 2015) and evidence that police are conducting surveillance and searches on sex workers and engaging in practices such as confiscating condoms for evidence, which create additional risks of HIV and other STIs (Kulick 2003, Krüsi et al 2014).
- In both Sweden and Norway, these laws have provided cover for practices such as the removal of sex workers’ children and deportation of migrant sex workers (Kulick 2003, Amnesty International 2015, ScotPEP 2015).
- Sex workers face being reported to hotels or evicted from housing, as it is illegal to provide premises where sex work will take place (Levy and Jacobsson 2014). An Oslo police operation entitled ‘Operation Homeless’ involved police posing as clients to discover sex workers’ addresses, and threatening landlords with criminal sanction if they did not evict them. Once someone is listed as an evicted sex worker, it is very difficult to find new housing (Ulla Bjørndahl Oslo 2012).
- Negative relations between sex workers and the authorities means that they are less likely to reach out when they witness trafficking, abuse and exploitative working (Norwegian Ministry of Justice and Police Affairs 2004).
A Norwegian government report on the Swedish sex purchase law found that it had created a ‘buyers’ market’ and that violence against sex workers had increased (Norwegian Ministry of Justice and Public Security 2014). Furthermore, Levy and Jakobsson (2014) argue that there is no reliable evidence to support the claim that the Swedish sex purchase law (sexköpslagen) has created a reduction in prostitution. There is some evidence of a reduction in street prostitution but no reliable evidence to confirm that this has not been displaced into indoor markets – in fact there is evidence that this has indeed occurred (see Chu and Glass 2013-14).
The premise of ‘end demand’ approaches is that men’s demand for sex is responsible for the existence of the industry. However, this conceals the economic conditions which lead many people to sell sex in order to survive. Attempts to eradicate the sex industry via the criminal law will only create risk and harm for sex workers, without any reduction in the sale of sex, if the context of poverty and austerity economics remains unaddressed. As Sex Worker Open University have stated, the provision of state benefits, education, training and alternative employment opportunities, rather than ‘ending demand’, is the key to reducing the number of people selling sex. In a context of high unemployment, benefit cuts and sanctions, depressed wages and increased homelessness and debt, it is irresponsible to consider any model of sex industry regulation which would make it more difficult for marginalised people to survive. In other words, the ‘Nordic Model’ officially sucks.
Abel et al (2007) The impact of the Prostitution Reform Act on the health and safety practices of sex workers: report to the Prostitution Law Review Committee. Health Research Council and Ministry of Justice, New Zealand.
Amnesty International (2015) 2015 ICM circular: Draft policy on Sex Work
Crago, A L (2008), Our Lives Matter: Sex Workers Unite for Health and Rights. New York: Open Society Foundation
Danna, D (2012) ‘Client-Only Criminalization in the City of Stockholm: A Local Research on the Application of the “Swedish Model” of Prostitution Policy’, in Sexuality Research and Social Policy 9(1), 80-93
Global Alliance Against Traffic in Women (2011) Moving Beyond ‘Supply and Demand’ catchphrases: assessing the uses and limitations of demand-based approaches in anti-trafficking
Hester, M and Westmarland, N (2004) Tackling Street Prostitution: towards an holistic approach (Home Office Research Study 279)
Jordan, J (2005) Sex Industry in New Zealand: A Literature Review. Sponsored by the New Zealand Ministry of Justice, Wellington
Chu, S K H and Glass, R (2013-14) ‘Sex Work Law Reform in Canada: considering problems with the ‘Nordic Model’, in Alberta Law Review 51, 101-124
Kinnell, H (2008) Violence and Sex Work in Britain. Devon: Willan Publishing
Krüsi, A et al (2014) ‘Criminalisation of clients: reproducing vulnerabilities for violence and poor health among street-based sex workers in Canada-a qualitative study’, in BMJ Open 2014; 4:e005191. doi:10.1136/bmjopen-2014-005191
Kulick, D (2003) ‘Sex in the New Europe: The Criminalization of Clients and Swedish Fear of Penetration’, in Anthropological Theory 3(2), 199–218
Levy, J and Jakobsson, P (2014) ‘Sweden’s abolitionist discourse and law: Effects on the dynamics of Swedish sex work and on the lives of Sweden’s sex workers’, in Criminology & Criminal Justice 14(5), 593–607
Lyon, W (2014) ‘Client criminalisation and sex workers’ right to health’, in Hibernian Law Journal 58
Norwegian Ministry of Justice and Police Affairs (2004) Purchasing Sexual Services in Sweden and the Netherlands
Norwegian Ministry of Justice and Public Security (2014) Evaluation of Norwegian legislation criminalising the buying of sexual services (English summary)
O’Connell Davidson, J (2003) ‘Sleeping with the enemy? Some problems with feminist abolitionist calls to penalise those who buy commercial sex’, in Social Policy and Society 2(1), 55-63
Schulze, E et al (2014) Sexual Exploitation and Prostitution and its Impact on Gender Equality. Briefing paper for the European Commission Directorate General for Internal Policies
ScotPEP (2015) The Swedish Model: a briefing. Available at http://www.scot-pep.org.uk/sites/default/files/reports/the_swedish_model_full.pdf
Scoular, J and Carline A (2014) ‘A critical account of a “creeping neo-abolitionism”: Regulating prostitution in England and Wales’, in Criminology and Criminal Justice 14(5), 608-626
Skarhed, A (2010) Selected extracts of the Swedish government report SOU 2010:49: The Ban against the Purchase of Sexual Services: An evaluation 1999-2008. Stockholm: Swedish Institute
Swedish National Board of Health and Welfare (2007) Prostitution in Sweden 2007
Ulla Bjørndahl Oslo (2012) Dangerous Liaisons: A report on the violence women in prostitution in Oslo are exposed to. Commissioned by the Municipality of Oslo, with support from the Ministry of Justice and Public Safety
UNAIDS (2009, 2012) UNAIDS Guidance Note on HIV and Sex Work
UNDP (2012) HIV and the Law: Risks, Rights, and Health. Final report of the Global Commission on HIV and the Law
UNDP, UNFPA and UNAIDS (2012) Sex Work and the Law in Asia and the Pacific
World Health Organisation (2012) Prevention and treatment of HIV and other sexually transmitted infections for sex workers in low- and middle-income countries: Recommendations for a public health approach
World Health Organisation (2013) Implementing Comprehensive HIV/STI Programmes with Sex Workers: practical approaches from collaborative interventions